Welcome to Flicker Fancy!
These terms and conditions are entered into by and between you and Flicker Fancy LLC of Indiana. By accessing and/or using the Flickerfancy.com website including linked sites (the “website”) and/or by ordering products offered on the website, you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website.
Use of the website. Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to Flicker Fancy that you are in one of these age categories.
In addition to agreeing to the terms and conditions contained herein, you agree to abide by all laws, statutes, ordinances, rules and regulations concerning your use of the website. As a condition of access to and use of the website, you warrant to Flicker Fancy that you will not access or use the website for any purpose that is unlawful or prohibited by this Agreement.
It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for all actions taken under your password on this website. You agree to be financially responsible for all your use of this website.
Price and Ordering. All prices shown on the website are quoted in United States Dollars. In addition to the price for goods and services, Flicker Fancy will add charges for shipping and handling and also sales tax (where required by law) to all orders. Flicker Fancy reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website without incurring any obligation to you. Descriptions of, or references to, products or services on the website do not imply endorsement of that product or service, or constitute a warranty, by Flicker Fancy.
The receipt by you of an order confirmation does not constitute Flicker Fancy’s acceptance of an order. Prior to Flicker Fancy’s acceptance of an order, verification of information may be required. Flicker Fancy reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Flicker Fancy, for any reason. Flicker Fancy reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, Flicker Fancy shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Flicker Fancy shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Video content about an item, including recorded programming, is offered only to provide information about the features of that item. It may not reflect present prices, promotional offers or availability.
Shipping. The risk of loss and title for all products purchased by you and shipped by Flicker Fancy pass to you upon Flicker Fancy’s delivery to the carrier for delivery by the carrier to your specified delivery address. The risk of loss and title for all products purchased by you and shipped directly by one of Flicker Fancy’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for delivery by the carrier to your specified delivery address. Notwithstanding the agreement that risk of loss for any package passes to you upon delivery to the carrier, to accommodate our customers, Flicker Fancy will assume responsibility for any damage due to shipping provided that Flicker Fancy receives a notice of claim within three (3) days of receipt of the shipment to your specified delivery address. Flicker Fancy’s assumption of responsibility for damage or loss in transit terminates if a claim is not timely received by Flicker Fancy. In any event, Flicker Fancy’s responsibility is limited to either replacement of the merchandise or at Flicker Fancy’s sole option, return of the purchase price and shipping charges.
Returns. All products are thoroughly inspected prior to shipping. Please contact our customer service department within three (3) days of receiving your order to report any issues. Pictures may be requested for investigation of damage. Due to the nature of our products, all sales are final. Items deemed damaged during shipping will be replaced when possible. Flicker Fancy’s assumption of responsibility for damage terminates if a claim is not received within three (3) days by Flicker Fancy. In any event, Flicker Fancy’s responsibility is limited to either replacement of the merchandise or at Flicker Fancy’s sole option, return of the purchase price and shipping charges. We are not liable for damages due to anything other than shipping.
Each of these policies may be changed from time to time. Also, new topics and/or programs may be added to our website. Changes and/or additions take effect when Flicker Fancy posts them on the website. The above policies and rules are hereby incorporated into this Agreement. Also, any activities and transactions on another internet site linked to Flicker Fancy.com are subject to these terms and conditions and in addition any terms and conditions specified in the linked site. In the event of inconsistencies between the terms and conditions of this site and the linked site, the terms and conditions of the linked site prevail.
Website Content. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the website, as well as the selection, assembly and management thereof are herein collectively referred to as the “Content” Flicker Fancy reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at any time without notice to you.
Changes and Amendments. FLICKER FANCY RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Termination of Agreement. Flicker Fancy shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and that you will immediately cease your use of the website. The restrictions imposed on you with respect to the Content as defined above in Website Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.
Flicker Fancy shall be under no obligation to continue operation of the website.Flicker Fancy may terminate operation of the website or any portion thereof, or any products offered through the or terminate any individual’s right to access or use the website at any time without notice to you, in its sole discretion, without any liability to you whatsoever.
Indemnity. You agree to defend, indemnify and hold harmless Flicker Fancy, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney’s fees, arising out of or relating to your breach of this Agreement or your access to or use of the website; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from Flicker Fancy’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website.
Breach of this Agreement. In the event that you breach any part of this Agreement, Flicker Fancy may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third Party Sites. Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by Flicker Fancy of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Flicker Fancy, and Flicker Fancy is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
Disclaimer and Limitation of Liability as to the Website and Content. FLICKER FANCY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. FLICKER FANCY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL FLICKER FANCY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF FLICKER FANCY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLICKER FANCY’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
Disclaimer and Limitation of Liability as to Products and Services. FLICKER FANCY WANTS YOU TO BE COMPLETELY SATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITE. ALL PRODUCTS ARE THOROUGHLY INSPECTED PRIOR TO SHIPPING, CONTACT US WITHIN 3 DAYS OF RECEIVING YOUR ORDER TO REPORT ANY ISSUES. PICTURES MAY BE REQUESTED FOR INVESTIGATION OF DAMAGE. DUE TO THE NATURE OF OUR PRODUCTS, ALL SALES ARE FINAL. ITEMS DEEMED DAMAGED DURING SHIPPING WILL BE REPLACED WHEN POSSIBLE. WE ARE NOT LIABLE FOR DAMAGES DUE TO ANYTHING OTHER THAN SHIPPING.
UNDER NO CIRCUMSTANCES SHALL FLICKER FANCY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF FLICKER FANCY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLICKER FANCY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Entire Agreement. Unless otherwise stated by Flicker Fancy in writing, this Agreement constitutes the entire agreement between Flicker Fancy and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Applicable Law. This Agreement and the rights and obligations of the parties arising out of or relating in any manner to any product(s) purchased from Flicker Fancy website, orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website shall be governed and construed according to the laws of the State of Indiana, without regard to its conflicts or choice of law provisions.
Disputes. Any controversy or claim arising out of or relating in any manner to any product(s) purchased from Flicker Fancy website, orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the website (“Claim”) shall be settled by individual binding arbitration administered by the American Arbitration Association (AAA) using the AAA’s Commercial Dispute Resolution Procedures. Any such arbitration shall be conducted in a location where Flicker Fancy’s operations are located. Any decision or award as a result of any such arbitration proceeding shall be in writing and final and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction in the venue in which the arbitration is conducted or in St. Joseph County, Indiana. Such arbitration shall be specific to you, and as such, you agree that you shall not bring and expressly waive your right to be a lead plaintiff or participant in, any action against Flicker Fancy as part of a class filed either in arbitration or in any court. All parties retain the right to seek adjudication in a small claims tribunal in the county of your residence for disputes in amounts that are within the scope of such tribunal’s jurisdiction. You waive any right to consolidate or otherwise combine your Claim with any Claim(s) filed by other persons with such small claims tribunal. Any dispute that cannot be adjudicated within the jurisdiction of a small claims tribunal shall be resolved by binding arbitration as described in and in accordance with, the terms of this Agreement; provided however, that if applicable law limits Flicker Fancy’s access to a small claims tribunal (including without limitation, by prohibiting corporations from filing small claims actions or by limiting the number of small claims that Flicker Fancy can file), Flicker Fancy retains the right to seek adjudication of its Claims in a court of competent jurisdiction in the county of your residence. In the event the foregoing is held to be unenforceable by any court, you and Flicker Fancy agree to submit to the exclusive jurisdiction of the courts located in St. Joseph County, Indiana to resolve any Claim. Any Claim that you have with Flicker Fancy must be commenced within one year after the Claim or cause of action arises or such Claim or cause of action shall be barred.
General. No waiver by Flicker Fancy of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
Flicker Fancy shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.